6.1 Engagement of Staff and Labor 员工的雇佣 Except as otherwise stated in the Employers Requirements, the Contractor shall make arrangements for the engagement of all staff and labor, local or otherwise, and for their payment, housing, fee6.1 Engagement of Staff and Labor 员工的雇佣
Except as otherwise stated in the Employer’s Requirements, the Contractor shall make arrangements for the engagement of all staff and labor, local or otherwise, and for their payment, housing, feeding and transport.
6.2 Rates of Wages and Conditions of Labor 工资标准和劳动条件
The Contractor shall Pay rates of wages, and observe conditions of labor, which are not Lower than those established for the trade or industry where the work IS carried out. If no established rates or conditions are applicable, the Contractor shall pay rates of wages and observe conditions which are not lower than the general Level of wages and conditions observed locally by employers whose trade or industry is similar to that of the Contractor.
6.3 Persons in the Service of Employer 为雇主服务的人员
The Contractor shall not recruit, or attempt to recruit, staff and labor from amongst the Employer’s Personnel.
6.4 Labor Laws 劳动法
The Contractor shall comply with all the relevant labor Laws applicable to the Contractor’s Personnel, including Laws relating to their employment, health, safety, Welfare, immigration and emigration, and shall allow them all their legal rights.
The Contractor shall require his employees to obey all applicable Laws, including those concerning safety at work.
6.5 Working Hours 工作时间
No work shall be carried out on the Site on locally recognized days of rest, or outside the normal working hours stated in the Appendix to Tender, unless:
(a) otherwise stated in the Contract, 合同另有规定，
(b) the Engineer gives consent, or 工程师同意，或
(c) the work is unavoidable, or necessary for the protection of life or property or for the safety of the Works, in which case the Contractor shall immediately advise the Engineer.
6.6 Facilities for Staff and Labor 为员工提供设施
Except as otherwise stated in the Employer’s Requirements, the Contractor shall provide and maintain all necessary accommodation and welfare facilities for the Contractor’s Personnel. The Contractor shall also provide facilities for the Employer’s Personnel as stated in the Employer’s Requirements.
The Contractor shall not permit any of the Contractor’s Personnel to maintain any temporary or permanent living quarters within the structures forming part of the Permanent Works.
6.7 Health and Safety 健康和安全
The Contractor shall at all times take all reasonable precautions to maintain the health and safety of the Contractor’s Personnel. In collaboration with local health authorities. the Contractor shall ensure that medical staff, first aid facilities, sick bay and ambulance services are available at all times at the Site and at any accommodation for Contractor’s and Employer’s Personnel, and that suitable arrangements are made for all necessary welfare and hygiene requirements and for the prevention of epidemics.
The Contractor shall appoint an accident prevention officer at the Site, responsible for maintaining safety and protection against accidents. This person shall be qualified for this responsibility, and shall have the authority to issue instructions and take protective measures to prevent accidents. Throughout the execution of the Works, the Contractor shall provide whatever is required by this person to exercise this responsibility and authority.
The Contractor shall send, to the Engineer, details of any accident as soon as practicable after its occurrence. The Contractor shall maintain records and make reports concerning health, safety and welfare of persons, and damage to property, as the Engineer may reasonably require.
6.8 Contractor’s Superintendence 承包商的监督
Throughout the design and execution of the Works, and as long thereafter as is necessary to fulfill the Contractor’s obligations, the Contractor shall provide all necessary superintendence to plan, arrange, direct, manage, inspect and test the work.
Superintendence shall be given by a sufficient number of persons having adequate knowledge of the language for communications(defined in Sub-Clause 1.4 [Law and Language]) and of the operations to be carried out (including the methods and techniques required, the hazards likely to be encountered and methods of preventing accidents), for the satisfactory and safe execution of the Works.
6.9 Contractor’s Personnel 承包商人员
The Contractor’s Personnel shall be appropriately qualified, skilled and experienced in their respective trades or occupations. The Engineer may require the Contractor to remove (or cause to be removed) any person employed on the Site or Works, including the Contractor’s Representative if applicable, who:
(a) persists in any misconduct or lack of care. 经常行为不当或工作漫不经心；
(b) carries out duties incompetently or negligently, 无能力履行义务或玩忽职守；
(c) fails to conform with any provisions of the Contract, or 不遵守合同的任何规定；或
(d) persists in any conduct which is prejudicial to safety, health, or the protection of the environment.
If appropriate, the Contractor shall then appoint (or cause to be appointed) a suitable replacement person.
6.10 Records of Contractor’s Personnel and Equipment 承包商人员和设备的记录
The Contractor shall submit, to the Engineer, details showing the number of each class of Contractor’s Personnel and of each type of Contractor’s Equipment on the Site. Details shall be submitted each calendar month, in a form approved by the Engineer, until the Contractor has completed all work which is known to be outstanding at the completion date stated in the Taking-Over Certificate for the Works.
6.11 Disorderly Conduct 无序行为
The Contractor shall at all times take all reasonable precautions to prevent any unlawful, riotous or disorderly conduct by or amongst the Contractor’s Personnel, and to preserve peace and protection of persons and property on and near the Site.
7 Plant, Materials and Workmanship 生产设备、材料和工艺
7.1 Manner of Execution 实施方法
The Contractor shall carry out the manufacture of Plant, the production and manufacture of Materials, and all other execution of the Works:
(a) in the manner (if any) specified in the Contract, 按照合同规定的方法（如果有），
(b) in a proper workmanlike and careful manner, in accordance with recognized good practice, and
(c) with properly equipped facilities and non-hazardous Materials, except as otherwise specified in the Contract.
7.2 Samples 样品
The Contractor shall submit the following samples of Materials, and relevant Information, to the Engineer for review in accordance with the procedures for Contractor’s Documents described in Sub-Clause 5.2 [Contractor’s Documents]:
(a) manufacturer’s standard samples of Materials and samples specified in the Contract, all at the Contractor’s cost, and
(b) additional samples instructed by the Engineer as a Variation.
Each sample shall be labeled as to origin and intended use in the Works
7.3 Inspection 检验
The Employer’s Personnel shall at all reasonable times: 雇主人员应在所有合理时间内：
(a) have full access to all parts of the Site and to all places from which natural Materials are being obtained, and
(b) during production, manufacture and construction (at the Site and elsewhere), be entitled to examine, inspect, measure and test the materials and workmanship, and to check the progress of manufacture of Plant and production and manufacture of Materials.
The Contractor shall give the Employer’s Personnel full opportunity to carry out these activities, including providing access, facilities, permissions and safety equipment. No such activity shall relieve the Contractor from any obligation or responsibility.
The Contractor shall give notice to the Engineer whenever any work is ready and before it is covered up, put out of sight, or packaged for storage or transport. The Engineer shall then either carry out the examination, inspection, measurement or testing without unreasonable delay, or promptly give notice to the Contractor that the Engineer does not require to do so. If the Contractor fails to give the notice, he shall, lf and when required by the Engineer, uncover the work and thereafter reinstate and make good, all at the Contractor’s cost.
This Sub-Clause shall apply to all tests specified in the Contract, other than the Tests after Completion (if any).
The Contractor shall provide all apparatus, assistance, documents and other information, electricity, equipment, fuel, consumables, instruments, labor, materials, and suitably qualified and experienced staff, as are necessary to carry out the specified tests efficiently. The Contractor shall agree, with the Engineer, the time and place for the specified testing of any Plant, Materials and other parts of the Works.
The Engineer may, under Clause 1 3[Variations and Adjustments], vary the location or details of specified tests, or instruct the Contractor to carry out additional tests. If these varied or additional tests show that the tested Plant, Materials or workmanship is not in accordance with the Contract, the cost of carrying out this Variation shall be borne by the Contractor, notwithstanding other provisions of the Contract.
The Engineer shall give the Contractor not less than 24 hours’ notice of the Engineer’s intention to attend the tests. If the Engineer does not attend at the time and place agreed, the Contractor may proceed with the tests, unless otherwise instructed by the Engineer, and the tests shall then be deemed to have been made in the Engineer’s presence.
If the Contractor suffers delay and/or incurs Cost from complying with these instructions or as a result of a delay for which the Employer is responsible, the Contractor shall give notice to the Engineer and shall be entitled subject to Sub-Clause 20.1 [Contractor’s Claims] to: an extension of time for any such delay, if completion is or will be delayed, Under Sub-Clause 8.4 [Extension of Time for Completion], and payment of any such Cost plus reasonable profit, which shall be included in the Contract Price.
After receiving this notice, the Engineer shall proceed in accordance with Sub-Clause 3.5 [Determinations] to agree or determine these matters.
The Contractor shall promptly forward, to the Engineer duly certified reports of the tests. When the specified tests have been passed, the Engineer shall endorse the Contractor’s test certificate. or issue a certificate to him, to that effect. If the Engineer has not attended the tests, he shall be deemed to have accepted the readings as accurate.
7.5 Rejection 拒收
If as a result of an examination, inspection, measurement or testing, any Plant, Materials, design or workmanship is found to be defective or otherwise not in accordance with the Contract, the Engineer may reject the Plant, Materials, design or workmanship by giving notice to the Contractor, with reasons. The Contractor shall then promptly make good the defect and ensure that the rejected item complies with the Contract.
If the Engineer requires this Plant, Materials, design or workmanship to be retested, the tests shall be repeated under the same terms and conditions. If the rejection and retesting cause the Employer to incur additional costs, the Contractor shall subject to Sub-Clause 2.5 [Employer’s Claims] pay these costs to the Employer.
7.6 Remedial Work 修补工作
Notwithstanding any previous test or certification, the Engineer may instruct the Contractor to:
(a) remove from the Site and replace any Plant or Materials which is not in accordance with the Contract,
(b) remove and re-execute any other work which is not in accordance with the Contract, and
(c) execute any work which is urgently required for the safety of the Works, whether because of an accident, unforeseeable event or otherwise.
The Contractor shall comply with the instruction within a reasonable time, which shat be the time (if any) specified in the instruction, or immediately if urgency is specifies under sub-paragraph(c).
If the Contractor fails to comply with the instruction, the Employer shall be entitled to employ and pay other persons to carry out the work. Except to the extent that the Contractor would have been entitled to payment for the work, the Contractor shall Subject to sub-clause 2.5 [employer’s claims] pay to the employer all costs arising from this failure.
7.7 Ownership of Plant and Materials 生产设备和材料的所有权
Each item of Plant and Materials shall, to the extent consistent with the Laws of the Country, become the property of the Employer at whichever is the earlier of the following times, free from liens and other encumbrances:
(a) when it is delivered to the Site; 当上述生产设备和材料运至现场时；
(b) when the Contractor is entitled to payment of the value of the Plant and Materials under Sub-Clause 8.10 payment for Plant and Materials in Event of Suspension].
7.8 Royalties 土地（矿区）使用费
Unless otherwise stated in the Employer’s Requirements, the Contractor shall pay loyalties, rents and other payments for:
(a) natural Materials obtained from outside the Site, and 从现场以外获得的天然材料；
(b) the disposal of material from demolitions and excavations and of other surplus material (whether natural or man-made), except to the extent that disposal areas within the Site are specified in the Contract.
8 Commencement, Delays and Suspension 开工、延误和暂停
8.1 Commencement of Work 工程的开工
The Engineer shall give the Contractor not less than 7 days, notice of the Commencement Date. Unless otherwise stated in the Particular Conditions, the Commencement Date shall be within 42 days after the Contractor receives the Letter of Acceptance.
The Contractor shall commence the design and execution of the Works as soon as is reasonably practicable after the Commencement Date, and shall then proceed with the Works with due expedition and without delay.
8.2 Time for Completion 竣工时间
The Contractor shall complete the whole of the Works, and each Section (if any) within the Time for Completion for the Works or Section (as the case may be) including:
(a) achieving the passing of the Tests on Completion, and 竣工试验获得通过，
(b) completing all work which is stated in the Contract as being required for the Works or Section to be considered to be completed for the purposes of taking-over under Sub-Clause 10.1 [Taking Over of the Works and Sections].
8.3 Program 进度计划
The Contractor shall submit a detailed time program to the Engineer within 28 days after receiving the notice under Sub-Clause 8.1 [Commencement of Works].The Contractor shall also submit a revised program whenever the previous program is inconsistent with actual progress or with the Contractor’s obligations. Each program shall include:
(a) the order in which the Contractor intends to carry out the Works, including the anticipated timing of each stage of design, Contractor’s Documents, procurement, manufacture, inspection, delivery to Site, construction, erection, testing, commissioning and trial operation,
(b) the periods for reviews under Sub-Clause 5.2 [Contractor’s Documents and for any other submissions, approvals and consents specified in the Employer’s Requirements,
(c) the sequence and timing of inspections and tests specified in the Contract, and
(d) a supposing report which includes: 一份支持报告，内容包括：
(ⅰ) a general description of the methods which the Contractor intends to adopt, and of the major stages, in the execution of the Works, and
(ⅱ) details showing the Contractor's reasonable estimate of the number of each class of Contractor's Personnel and of each type of Contractor's Equipment, required on the Site for each major stage.
Unless the Engineer, within 21 days after receiving a program, gives notice to the Contractor stating the extent to which it does not comply with the Contract, the Contractor shall proceed in accordance with the program, subject to his other obligations under the Contract. The Employer’s Personnel shall be entitled to rely upon the program when planning their activities.
The Contractor shall promptly give notice to the Engineer of specific probable future events or circumstances which may adversely affect the work increase the Contract Price or delay the execution of the Works. The Engineer may require the Contractor to submit an estimate of the anticipated effect of the future event or circumstances, and/or a proposal under Sub-Clause13.3 [Variation Procedure].
If, at any time, the Engineer gives notice to the Contractor that a program fails (to the extent stated) to comply with the Contract or to be consistent with actual progress and the Contractor’s stated intentions, the Contractor shall submit a revised program to the Engineer in accordance with this Sub-Clause
8.4 Extension of Time for Completion 时间的延长
The Contractor shall be entitled subject to Sub-Clause 20.1[Contractor’s Claims] to an extension of the Time for Completion if and to the extent that completion for the purposes of Sub-Clause 10.1 Faking Over of the Works and Sections] is or will be delayed by any of the following causes:
(a) a Variation (unless an adjustment to the Time for Completion has been agreed under Sub-Clause13.3 [Variation Procedure]),
(b) a cause of delay giving an entitlement to extension of time under a Sub-Clause of these Conditions,
(c) exceptionally adverse climatic conditions,异常不利的条件，
(d) Unforeseeable shortages in the availability of personnel or Goods caused by epidemic or governmental actions, or
(e) any delay, impediment or prevention caused by or attributable to the Employer, the Employer’s Personnel, or the Employer’s other contractors on the Site.
If the Contractor considers himself to be entitled to an extension of the Time for Completion, the Contractor shall give notice to the Engineer in accordance with Sub-Clause 20.1[Contractor’s Claims].When determining each extension of time under Sub-Clause 20.1, the Engineer shall review previous determinations and may Increase, but shall not decrease, the total extension of time.
8.5 Delays Caused by Authorities 当局造成的延误
lf the following conditions apply, namely: 如果下列条件成立，即：
(a) the Contractor has diligently followed the procedures laid down by the relevant legally constituted public authorities in the Country,
(b) these authorities delay or disrupt the Contractor’s work, and
(c) the delay or disruption was Unforeseeable, then this delay or disruption will be considered as a cause of delay under sub-paragraph (b) of Sub-Clause 8.4 [Extension of Time for Completion].
8.6 Rate of Progress 工程进度
If, at any time 如果在任何时候：
(a) actual progress is too slow to complete within the Time for Completion, and/or
(b) progress has fallen (or will fall) behind the current program under Sub-Clause 8.3[Program]. other than as a result of a cause listed in Sub-Clause 8.4 [Extension of Time for Completion], then the Engineer may instruct the Contractor to submit, under Sub-Clause 8.3 [Program], a revised program and supporting report describing the revised methods which the Contractor proposes to adopt in order to expedite progress and complete within the Time for Completion.
Unless the Engineer notifies otherwise, the Contractor shall adopt these revised Methods, which may require increases in the working hours and/or in the numbers of Contractor’s Personnel and/or Goods, at the risk and cost of the Contractor. If these revised methods cause the Employer to incur additional costs, the Contractor shall subject to Sub-Clause 2.5 [Employer’s Claims] pay these costs to the Employer, in addition to delay damages (if any) under Sub-Clause 8.7 below.
8.7 Delay Damages 误期损害赔偿费
If the Contractor fails to comply with Sub-Clause 8.2 [-time for Completion], the Contractor shall subject to Sub-Clause 2.5 [Employer’s Claims] pay delay damages to the Employer for this default. These delay damages shall be the sum stated in the Appendix to Tender, which shall be paid for every day which shall elapse between the Relevant Time for Completion and the date stated in the Taking-Over Certificate. However, the total amount due under this Sub-Clause shall not exceed the maximum amount of delay damages (if any) stated in the Appendix to Tender.
These delay damages shall be the only damages due from the Contractor for such Default, other than in the event of termination under Sub-Clause 15.2 [Termination by Employer] prior to completion of the Works. These damages shall not relieve the Contractor from his obligation to complete the Works, or from any other duties, obligations or responsible ties which he may have under the Contract.
8.8 Suspension of Work 暂时停工
The Engineer may at any time instruct the Contractor to suspend progress of part or all of the Works. During such suspension, the Contractor shall protect, store and secure such part or the Works against any deterioration, loss or damage.
The Engineer may also notify the cause for the suspension. If and to the extent that the cause is notified and is the responsibility of the Contractor, the following Sub-Clauses 8.9, 8.10, and 8.11 shall not apply.
8.9 Consequences of Suspension 暂停的后果
If the Contractor suffers delay and/or incurs Cost from complying with the Engineer’s instructions under Sub-Clause 8.8 [Suspension of Work]and/or from resuming the work, the Contractor shall give notice to the Engineer and shall be entitled subject to Sub-Clause 20.1 [Contractor’s Claims] to:
(a) an extension of time for any such delay, if completion is or will be delayed under Sub-Clause 8.4[Extension of Time for Completion], and
(b) payment of any such Cost, which shall be included in the Contract Price.
After receiving this notice, the Engineer shall proceed in accordance with Sub-Clause 3.5 [Determinations] to agree or determine these matters.
The Contractor shall not be entitled to an extension of time for, or to payment of the Cost incurred in, making good the consequences of the Contractor’s faulty design, workmanship or materials, or of the Contractor’s failure to protect, store or secure in accordance with Sub-Clause 8.8 [Suspension of Work].
8.10 Payment for Plant and Materials in Event of Suspension
The Contractor shall be entitled to payment of the value (as at the date of suspension) of Plant and/or Materials which have not been delivered to Site, If:
(a) the work on Plant or delivery of Plant and/or Materials has been suspended for more than 28 days, and
(b) the Contractor has marked the Plant and/or Materials as the Employer’s property in accordance with the Engineer’s instructions.
8.11 Prolonged Suspension 暂停期的延长
If the suspension under Sub-Clause 8.8 [Suspension of Work] has continued for more than 84 days, the Contractor may request the Engineer’s permission to proceed. If the Engineer does not give permission within 28 days after being requested to do so, the Contractor may, by giving notice to the Engineer, treat the suspension as an omission under Clause13 [Variations and Adjustments] of the affected part of the Works. If the suspension affects the whole of the Works, the Contractor may give notice of termination under Sub-Clause 16.2 [Termination by Contractor].
8.12 Resumption of Work 继续施工
After the permission or instruction to proceed is given, the Contractor and the Engineer shall jointly examine the Works and the Plant and Materials affected by the suspension. The Contractor shall make good any deterioration or defect in or loss of the Works or Plant or Materials, which has occurred during the suspension.
9 Test on Completion 竣工试验
9.1 Contractor’s Obligations 承包商的义务
The Contractor shall carry out the Tests on Completion in accordance with this Clause and Sub-Clause 7.4 [Testing], after providing the documents in accordance with Sub-Clause 5.6[As-Built Documents] and Sub-Clause 5.7 [Operation and Maintenance Manuals].
9.2 Delayed Tests 延误的试验
The Contractor shall give to the Engineer not less than 21 days, notice of the date after which the Contractor will be ready to carry out each of the Tests on Completion.
Unless otherwise agreed, Tests on Completion shall be carried out within 1 4 days after this date, on such day or days as the Engineer shall instruct.
Unless otherwise stated in the Particular Conditions, the Tests on Completion shall be carried out in the following sequence: pre-commissioning tests, which shall include the appropriate inspections and (“dry” or “cold”)functional tests to demonstrate that each item of Plant can safely undertake the next stage,(b): commissioning tests, which shall include the specified operational tests to demonstrate that the Works or Section can be operated safely and as specified, under all available operating conditions; and trial operation, which shall demonstrate that the Works or Section perform reliably and in accordance with the Contract.
During trial operation, when the Works are operating under stable conditions, the Contractor shall give notice to the Engineer that the Works are ready for any other Tests on Completion, including performance tests to demonstrate whether the Works conform with criteria specified in the Employer’s Requirements and with the Schedule of Guarantees.
Trial operation shall not constitute a taking-over under Clause 1 0[Employer’s Taking Over].Unless otherwise stated in the Particular Conditions, any product produced by the Works during trial operation shall be the property of the Employer.
In considering the results of the Tests on Completion, the Engineer shall make allowances for the effect of any use of the Works by the Employer on the performance or other characteristics of the Works. As soon as the Works, or a Section, have passed each of the Tests on Completion described in sub-paragraph (a), (b) or (c), the Contractor shall submit a certified report of the results of these Tests to the Engineer.
在考虑竣工试验结果时，工程师应考虑到因雇主对工程的任何使用，对工程的性能或其他特性产生的影响。一旦工程或某单位工程通过了本款（a）(b) 或 (c)项中的每项竣工试验，承包商应向工程师提供一份经证实的这些试验结果的报告。
If the Tests on Completion are being unduly delayed by the Employer, Sub-Clause 7.4 [Testing] (fifth paragraph) and/or Sub-Clause 10.3 [Interference with Tests on Completion] shall be applicable.
If the Tests on Completion are being unduly delayed by the Contractor, the Engineer may by notice require the Contractor to carry out the Tests within 21 days after receiving the notice. The Contractor shall carry out the Tests on such day or days within that period as the Contractor may fix and of which he shall give notice to the Engineer.
If the Contractor fails to carry out the Tests on Completion within the period of 21days, the Employer’s Personnel may proceed with the Tests at the risk and cost of the Contractor. The Tests on Completion shall then be deemed to have been carried out in the presence of the Contractor and the results of the Tests shall be accepted as accurate.
If the Works, or a Section, fail to pass the Tests on Completion, Sub-Clause 7.5 [Rejection] shall apply, and the Engineer or the Contractor may require the failed Tests and Tests on Completion on any related work, to be repeated under the same terms and conditions.
9.4 Failure to Pass Tests on Completion 未能通过竣工试验
If the Works, or a Section, fail to pass the Tests on Completion repeated under Sub-Clause 9.3[Retesting], the Engineer shall be entitled to:
(a) order further repetition of Tests on Completion under Sub-Clause 9.3:
(b) if the failure deprives the Employer of substantially the whole benefit of the Works or Section, reject the Works or Section (as the case may be), in which event the Employer shall have the same remedies as are provided in sub. Paragraph(c) of Sub-Clause 11.4[Failure to Remedy Defects]; or
(C) issue a Taking-Over Certificate, if the Employer so requests.
In the event of sub-paragraph(c), the Contractor shall then proceed in accordance with all other obligations under the Contract, and the Contract Price shall be reduced by such amount as shall be appropriate to cover the reduced value to the Employer as a result of this failure. Unless the relevant reduction for this failure is stated for its method of calculation is defined) In the Contract, the Employer may require the reduction to be (1) agreed by both Parties (in full satisfaction of this failure only) and paid before this Taking-Over Certificate is issued, or (ii) determined and paid under Sub-Clause 2.5[Employer’s Claims] and Sub-Clause 3.5[Determinations].
10 Employer’s Taking Over 雇主的接收
10.1 Taking Over of the Works and Sections 工程或单位工程的接收
Except as stated in Sub-Clause 9.4 [Failure to Pass Tests on Completion], the Works Shall be taken over by the Employer when (i) the Works have been completed in accordance with the Contract, including the matters described in Sub-Clause 8.2 [time tor Completion and except as allowed in sub-paragraph (a) below, and (ii) a Taking-Over Certificate for the Works has been issued, or is deemed to have been issued in accordance with this Sub-Clause.
The Contractor may apply by notice to the Engineer for a Taking-Over Certificate not earlier than 14 days before the Works will, in the Contractor’s opinion, be complete and ready for taking oven lf the Works are divided into Sections, the Contractor may similarly apply for a Taking-Over Certificate for each Section.
The Engineer shall, within 28 days after receiving the Contractor’s application
(a) issue the Taking-Over Certificate to the Contractor, stating the date on which the Works or Section were completed in accordance with the Contract, except for any minor outstanding work and defects which will not substantially affect the use of the Works or Section for their intended purpose (either until or whilst this work is completed and these defects are remedied); or
(b) reject the application, giving reasons and specifying the work required to be done by the Contractor to enable the Taking-Over Certificate to be issued. The Contractor shall then complete this work before issuing a further notice under this Sub-Clause.
If the Engineer fails either to issue the Taking-Over Certificate or to reject the
Contractor’s application with the period of 28 days, and if the Works or Section (as the case may be)are substantially in accordance with the Contract, the Taking-Over Certificate shall be deemed to have been issued on the last day of that period.
10.2 Taking Over Of Parts of the Works 部分工程的接收
The Engineer may, at the sole discretion of the Employer, issue a Taking-Over Certificate for any part of the Permanent Works.
The Employer shall not use any part of the Works (other than as a temporary measure which is either specified in the Contract or agreed by both Parties) unless and until the Engineer has issued a Taking-Over Certificate for this part. However, if the Employer does use any part of the Works before the Taking, Over Certificate is issued:
(a) the part which is used shall be deemed to have been taken over as from the date on which it is used.
(b) the Contractor shall cease to be Liable for the care of such part as from this date, when responsibility shall pass to the Employer, and
(c) if requested by the Contractor, the Engineer shall issue a Taking-Over Certificate for this part.
After the Engineer has issued a Taking-Over Certificate for a part of the Works, the Contractor shall be given the earliest opportunity to take such steps as may be necessary to carry out any outstanding Tests on Completion. The Contractor shall carry out these Tests on Completion as soon as practicable before the expiry date of the relevant Defects Notification Period.
If the Contractor incurs Cost as a result of the Employer taking over and/or using a part of the Works, other than such use as is specified in the Contract or agreed by the Contractor, the Contractor shall (i) give notice to the Engineer and (ii) be entitled subject to Sub-Clause 20.1[Contractor’s Claims] to payment of any such Cost plus reasonable profit, which shall be included in the Contract Price. After receiving this notice, the Engineer shall proceed in accordance with Sub-Clause 3.5 [Determinations to agree or determine this Cost and profit. If a Taking-Over Certificate has been issued for a part of the Works (other than a Section), the delay damages thereafter for completion of the remainder of the Works shall be reduced’ similarly, the delay damages for the remainder of the Section (if any) in which this part is included shall also be reduced. For any period of delay after the
除合同规定或承包商同意使用的以外，如果由于雇主接收和（或）使用部分工程导致承包商增加费用，承包商应 (i) 向工程师发出通知，并(ii) 有权要求按照第20.1款［承包商的索赔］的规定，对任何此类费用和合理利润应计入合同价格，给予支付。工程师在收到此通知后，应按照第3.5款［确定］的规定，对此项费用和利润，进行商定或确定。
date stated in this Taking-Over Certificate, the proportional reduction in these delay Damages shall be calculated as the proportion which the value of the part so certified bears to the value of the Works or Section(as the case may be)as a whole. The Engineer shall proceed in accordance with Sub-Clause 3.5[Determinations] to agree or determine these proportions. The provisions of this paragraph shall only apply to the daily rate of delay damages under Sub-Clause 8.7[Delay Damages], and shall not affect the maximum amount of these damages.
10.3 Interference with Tests on Completion 对竣工试验的干扰
If the Contractor is prevented, for more than 1 4 days, from carrying out the Tests on Completion by a cause for which the Employer is responsible, the Employer shall be deemed to have taken over the Works or Section(as the case may be)on the date when the Tests on Completion would otherwise have been completed.
The Engineer shall then issue a Taking-Over Certificate accordingly, and the Contractor shall carry out the Tests on Completion as soon as practicable, before the expiry date of the Defects Notification Period. The Engineer shall require the Tests on Completion to be carried out by giving 14 days’ notice and in accordance with the relevant provisions of the Contract.
If the Contractor suffers delay and/or incurs Cost as a result of this delay in carrying out the Tests on Completion, the Contractor shall give notice to the Engineer and shall be entitled subject to Sub-Clause 20.1[Contractor’s Claims] to:
(a) an extension of time for any such delay, if completion is or will be delayed, under Sub-Clause 8.4[Extension of Time for Completion], and
(b) payment of any such Cost plus reasonable profit, which shall be included in the Contract Price.
After receiving this notice, the Engineer shall proceed in accordance with Sub-Clause 3.5[Determinations] to agree or determine these matters.
10.4 Surfaces Requiring Reinstatement 需要复原的地面
Except as otherwise stated in a Taking-Over Certificate, a certificate for a Section or part of the Works shall not be deemed to certify completion of any ground or other surfaces requiring reinstatement.
11 Defects liability 缺陷责任
11.1 Completion of Outstanding Work and Remedying Defects 完成扫尾工作和修补缺陷
In order that the Works and Contractor’s Documents, and each Section, shall be in the condition required by the Contract(fair wear and tear excepted)by the expiry date of the relevant Defects Notification Period or as soon as practicable thereafter, the Contractor shall:
(a) complete any work which is outstanding on the date stated in a Taking-Over Certificate, within such reasonable time as is instructed by the Engineer, and
(b) execute all work required to remedy defects or damage, as may be notified by (or on behalf of) the Employer on or before the expiry date of the Defects Notification Period for the Works or Section (as the case may be).
If a defect appears or damage occurs, the Contractor shall be notified accordingly, by (or on behalf of) the Employer.
11.2 Cost of Remedying Defects 修补缺陷的费用
All work referred to in sub-paragraph (b) of Sub-Clause 11.1 [Completion of Outstanding Work and Remedying Defects] shall be executed at the risk and cost of the Contractor, if and to the extent that the work is attributable to: the design of the Works, other than a part of the design for which the Employer is responsible (if any), Plant, Materials or workmanship not being in accordance with the Contract,
(c) Improper operation or maintenance which was attributable to matters for which the Contractor is responsible funder Sub-Clauses 5.5 to 5.7 or otherwise), or
(d) failure by the Contractor to comply with any other obligation.
If and to the extent that such work is attributable to any other cause, the Contractor shall be notified promptly by (or on behalf of) the 俄employer, and Sub-Clause 13.3 [Variation Procedure] shall apply.
11.3 Extension of Defects Notification Period 缺陷通知期限的延长
The Employer shall be entitled subject to Sub-Clause 2.5[Employer’s Claims] to an extension of the Defects Notification Period for the Works or a Section if and to the extent that the Works, Section or a major item of Plant (as the case may be, and after taking over)cannot be used for the purposes for which they are intended by reason of a defect or damage. However, a Defects Notification Period shall not be extended by more than two years.
If delivery and/or erection of Plant and/or Materials was suspended under Sub-Clause 8.8[Suspension of Work] or Sub-Clause16.1 [Contractor’s Entitlement to Suspend Work], the Contractor’s obligations under this Clause shall not apply to any defects or damage occurring more than two years after the Defects Notification Period for the Plant and/or Materials would otherwise have expired.
11.4 Failure to Remedy Defects 未能修补缺陷
If the Contractor fails to remedy any defect or damage within a reasonable time, a date may be fixed by (or on behalf of) the Employer, on or by which the defect or damage is to be remedied. The Contractor shall be given reasonable notice of this date.
If the Contractor fails to remedy the defect or damage by this notified date and this remedial work was to be executed at the cost of the Contractor under Sub-Clause 11.2 [Cost of Remedying Defects], the Employer may (at his option):
(a) carry out the work himself or by others, in a reasonable manner and at the Contractor’s cost, but the Contractor shall have no responsibility for this work; and the Contractor shall subject to Sub-Clause 2.5[Employer’s Claims]pay to the Employer the costs reasonably incurred by the Employer in remedying the defect or damage;
(b) require the Engineer to agree or determine a reasonable reduction In the Contract Price in accordance with Sub-clause 3.5[Determinations]; or
(c) if the defect or damage deprives the Employer of substantially the whole benefit of the Works or any major part of the Works, terminate the Contract as a whole, or in respect of such major part which cannot be put to the Intended use.
Without prejudice to any other rights, under the Contract or otherwise, the Employer shall then be entitled to recover all sums paid for the Works or for such part(as the case may be),plus financing costs and the cost of dismantling the same, clearing the Site and returning Plant and Materials to the Contractor.
11.5 Removal of Defective Work 移出有缺陷的工程
If the defect or damage cannot be remedied expeditiously on the Site and the Employer gives consent the Contractor may remove from the Site for the purposes of repair such items of Plant as are defective or damaged. This consent may require the Contractor to increase the amount of the Performance Security by the full replacement cost of these items, or to provide other appropriate security.
11.6 Further Tests 进一步试验
If the work of remedying of any defect or damage may affect the performance of the Works, the Engineer may require the repetition of any of the tests described in the Contract, including Tests on Completion and/or Tests after Completion. The requirement shall be made by notice within 28 days after the defect or damage is remedied.
These tests shall be carried out in accordance with the terms applicable to the previous tests, except that they shall be carried out at the risk and cost of the Party liable, under Sub-Clause 11.2 [Cost of Remedying Defects],for the cost of the remedial work.
11.7 Right of Access 进入权
Until the Performance Certificate has been issued, the Contractor shall have the right of access to all parts of the Works and to records of the operation and performance of the Works, except as may be inconsistent with the Employer’s reasonable security restrictions.
11.8 Contractor to Search 承包商的调查
The Contractor shall, if required by the Engineer, search for the cause of any defect. under the direction of the Engineer. Unless the defect is to be remedied at the cost of the Contractor under Sub-Clause 11.2 [Cost of Remedying Defects],the Cost of the search plus reasonable profit shall be agreed or determined by the Engineer in accordance with Sub-Clause 3.5 [Determinations and shall be included in the Contract Price.
11.9 Performance Certificate 履约证书
Performance of the Contractor’s obligations shall not be considered to have been completed until the Engineer has issued the Performance Certificate to the Contractor, stating the date on which the Contractor completed his obligations under the Contract. The Engineer shall issue the Performance Certificate within 28 days after the latest of the expiry dates of the Defects Notification Periods, or as soon thereafter as the Contractor has supplied all the Contractor’s Documents and completed and tested all the Works, including remedying any defects. A copy of the Performance Certificate shall be issued to the Employer.
Only the Performance Certificate shall be deemed to constitute acceptance of the Works.
11.10 Unfulfilled Obligations 未完成的义务
After the Performance Certificate has been issued, each Party shall remain liable for the fulfillment of any obligation which remains unperformed at that time. For the purposes of determining the nature and extent of unperformed obligations, the Contract shall be deemed to remain in force.
11.11 Site Remove 现场的清理
Upon receiving the Performance Certificate, the Contractor shall remove any remaining Contractor’s Equipment, surplus material, wreckage, rubbish and Temporary Works from the Site.
If all these items have not been removed within 28 days after the Employer receives a copy of the Performance Certificate, the Employer may sell or otherwise dispose of any remaining items. The Employer shall be entitled to be paid the costs incurred in connection with, or attributable to, such sale or disposal and restoring the Site.
Any balance of the moneys from the sale shall be paid to the Contractor. If these moneys are less than the Employer’s costs, the Contractor shall pay the outstanding balance to the Employer.